```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2373 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                S. 2373

To authorize appropriations for fiscal year 1995 for the United States 
                  Coast Guard, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

               August 9 (legislative day, August 8), 1994

  Mr. Hollings (for himself, Mr. Kerry, Mr. Breaux, Mr. Stevens, Mr. 
 Lautenberg, and Mr. Gorton) introduced the following bill; which was 
  read twice and referred to the Committee on Commerce, Science, and 
                             Transportation

_______________________________________________________________________

                                 A BILL

 
To authorize appropriations for fiscal year 1995 for the United States 
                  Coast Guard, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Coast Guard 
Authorization Act of 1994''.
    (b) Table of Contents.--

                        TITLE I--AUTHORIZATIONS

Sec. 101. Authorization of appropriations.
Sec. 102. Authorized levels of military strength and training.
               TITLE II--PERSONNEL MANAGEMENT IMPROVEMENT

Sec. 201. Funds for recruiting.
Sec. 202. Provision of child development services.
Sec. 203. Hurricane Andrew relief.
Sec. 204. Dissemination of results of 0-6 Continuation Boards.
Sec. 205. Exclude certain reserves from end-of-year strength.
Sec. 206. Officer retention until retirement eligible.
Sec. 207. Special recruiting authority to achieve diversity.
Sec. 208. Contracts for health care services.
       TITLE III--MARINE SAFETY AND WATERWAY SERVICES MANAGEMENT

Sec. 301. State recreational boating safety grants.
Sec. 302. Boating access.
Sec. 303. Foreign passenger vessel user fees.
Sec. 304. Increased penalties for documentation violations.
Sec. 305. Outer Continental Shelf civil penalties.
Sec. 306. Amendments to require EPIRBs in the Great Lakes.
Sec. 307. Inspection of small passenger vessels.
Sec. 308. Penalties for alteration of marine safety equipment.
                   TITLE IV--MISCELLANEOUS PROVISIONS

Sec. 401. Thacher Island Lighthouse.
Sec. 402. Transfer of Coast Guard property in Ketchikan, Alaska.
Sec. 403. Florida Avenue Bridge.
Sec. 404. Tuna fishing vessels.
          TITLE V--RECREATIONAL BOATING SAFETY IMPROVEMENT ACT

Sec. 501. Personal flotation devices required for children.
Sec. 502. Adoption of State laws to prevent intoxicated boaters.
Sec. 503. Marine casualty reporting.
Sec. 504. Recreational boating safety course for violators.
Sec. 505. Technical corrections.
                     TITLE VI--TOWING VESSEL SAFETY

Sec. 601. Minimum navigational safety equipment.
Sec. 602. Demonstration of proficiency in use of safety equipment.
Sec. 603. Reporting marine casualties.
Sec. 604. Manning and licensing report.
Sec. 605. Report on satellite navigation and electronic charts.
       TITLE VII--ACT TO PREVENT POLLUTION FROM SHIPS AMENDMENTS

Sec. 701. Definition of operators.
Sec. 702. Prevention of pollution from ships.
Sec. 703. Marine plastic pollution research and control.

                         TITLE I--AUTHORIZATION

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    (a) Funds are authorized to be appropriated for necessary expenses 
of the Coast Guard for fiscal year 1995, as follows:
            (1) For the operation and maintenance of the Coast Guard, 
        $2,630,505,000, of which $25,000,000 shall be derived from the 
        Oil Spill Liability Trust Fund.
            (2) For the acquisition, construction, rebuilding, and 
        improvement of aids to navigation, shore and offshore 
        facilities, vessels, and aircraft, including equipment related 
        thereto, $439,200,000, to remain available until expended, of 
        which $32,500,000 shall be derived from the Oil Spill Liability 
        Trust Fund to carry out purposes of section 1012(a)(5) of the 
        Oil Pollution Act of 1990.
            (3) For research, development, test, and evaluation of 
        technologies, materials, and human factors directly relating to 
        improving the performance of the Coast Guard's mission in 
        support of search and rescue, aids to navigation, marine 
        safety, marine environmental protection, enforcement of laws 
        and treaties, ice operations, oceanographic research, and 
        defense readiness, $20,310,000, to remain available until 
        expended, of which $3,150,000 shall be derived from the Oil 
        Spill Liability Trust Fund.
            (4) For retired pay (including the payment of obligations 
        otherwise chargeable to lapsed appropriations for this 
        purpose), payments under the Retired Serviceman's Family 
        Protection and Survivor Benefit Plans, and payments for medical 
        care of retired personnel and their dependents under chapter 55 
        of title 10, United States Code, $562,585,000.
            (5) For alteration or removal of bridges over navigable 
        waters of the United States constituting obstructions to 
        navigation, and for personnel and administrative costs 
        associated with the Bridge Alteration Program, $13,000,000, to 
        remain available until expended.
            (6) For environmental compliance and restoration at Coast 
        Guard facilities, $25,000,000, to remain available until 
        expended.
    (b) Section 104 of title 49, United States Code, is amended by 
adding at the end thereof the following:
    ``(e) Notwithstanding the provisions of sections 101(d) and 144 of 
title 23, United States Code, highway bridges determined to be 
unreasonable obstructions to navigation under the Truman-Hobbs Act may 
be funded from amounts set aside from the discretionary bridge program. 
Of the amount authorized for each fiscal year for the discretionary 
bridge program, not more than $12,880,000 in the case of fiscal year 
1995, not more than $14,200,000 in the case of fiscal year 1996, and 
not more than $17,250,000 in the case of fiscal year 1997 shall be 
available for such highway bridge projects. The Secretary shall 
transfer these allocations and the responsibility for administration of 
these funds to the United States Coast Guard.''.

SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING.

    (a) The Coast Guard is authorized an end-of-year strength for 
active duty personnel of 39,000 as of September 30, 1995. The 
authorized strength does not include members of the Ready Reserve 
called to active duty for special or emergency augmentation of regular 
Coast Guard forces for periods of 180 days or less.
    (b) For fiscal year 1995, the Coast Guard is authorized average 
military training student loads as follows:
            (1) For recruit and special training, 2,000 student years.
            (2) For flight training, 133 student years.
            (3) For professional training in military and civilian 
        institutions, 344 student years.
            (4) For officer acquisition, 955 student years.

               TITLE II--PERSONNEL MANAGEMENT IMPROVEMENT

SEC. 201. FUNDS FOR RECRUITING.

    The text of section 468 of title 14, United States Code, is amended 
to read as follows:
    ``The Coast Guard may expend operating expense funds for recruiting 
activities, including but not limited to advertising and entertainment, 
in order--
            ``(1) to obtain recruits for the Service and cadet 
        applicants; and
            ``(2) to gain support of recruiting objectives from those 
        who may assist in the recruiting effort.''.

SEC. 202. PROVISION OF CHILD DEVELOPMENT SERVICES.

    (a) Title 14, United States Code, is amended by inserting after 
section 514 the following new section:
``Sec. 515. Child development services
    ``(a) The Commandant may make child development services available 
for members of the armed forces and Federal civilian employees. From 
funds appropriated to the department in which the Coast Guard is 
operating, the Commandant may spend such sums as necessary to carry out 
this program. Child development service benefits provided under the 
authority of this section shall be in addition to benefits provided 
under existing programs.
    ``(b) For purposes of this section, the term `Coast Guard child 
development center' includes a `military child development center', as 
that term is defined by subsection (b)(1) of the Military Child Care 
Act of 1989 (10 U.S.C. 113 note), but does not include contractor 
operated centers or government/contractor cooperatives established 
under section 490b of title 40, United States Code.
    ``(c)(1) Except as provided in paragraph (2), the Commandant may 
require child care receipts to be used only for compensation of child 
development center employees who are directly involved in providing 
child care.
    ``(2) If the Commandant determines that compliance with the 
limitation in paragraph (1) would result in an uneconomical and 
inefficient use of such fee receipts, the Commandant may (to the extent 
that such compliance would be uneconomical and inefficient) use such 
receipts--
            ``(A) for the purchase of consumable or disposable items 
        for Coast Guard child development centers; and
            ``(B) if the requirements of such centers for consumable or 
        disposable items for a given fiscal year have been met, for 
        other expenses of those centers.
    ``(d)(1) The Commandant shall establish a training program for 
child development center employees. Subject to paragraph (2), 
satisfactory completion of the training program shall be a condition of 
employment of any person as a child development center employee.
    ``(2) The Commandant shall require that each child development 
center employee complete the training program not later than six months 
after the date on which the employee is employed as a child development 
center employee (except that, in the case of a child development center 
employee hired before the date on which the training program is 
established, the employee shall complete the program not later than six 
months after that date).
    ``(3) The training program established under this subsection shall 
cover, at a minimum, training in the following:
            ``(A) Early childhood development.
            ``(B) Activities and disciplinary techniques appropriate to 
        children of different ages.
            ``(C) Child abuse prevention and detection.
            ``(D) Cardiopulmonary resuscitation and other appropriate 
        emergency medical procedures.
    ``(e) The Commandant may use funds available to the Coast Guard for 
operating expenses for Coast Guard child development centers. Such 
funds shall not be less than the amount of child care fee receipts that 
are estimated to be received by the Coast Guard during the fiscal year.
    ``(f) The Commandant may use appropriated funds available to the 
Coast Guard to provide assistance to family home day care providers so 
that family home day care services can be provided to uniformed service 
members and civilian employees of the Coast Guard at a cost comparable 
to the cost of services provided by Coast Guard child development 
centers.
    ``(g) The Commandant shall require that each Coast Guard child 
development center be inspected not less often than four times a year. 
Each such inspection shall be unannounced.
    ``(h) The Secretary shall promulgate regulations to implement this 
section.''.
    (b) The table of sections at the beginning of chapter 13 of title 
14, United States Code, is amended, by inserting after the item related 
to section 514 the following:

``515. Child development services.''.

SEC. 203. HURRICANE ANDREW RELIEF.

    Section 2856 of the National Defense Authorization Act for Fiscal 
Year 1993 (Public Law 102-484) applies to the military personnel of the 
Coast Guard who were assigned to, or employed at or in connection with, 
any Federal facility or installation in the vicinity of Homestead Air 
Force Base, Florida, including the areas of Broward, Collier, Dade, and 
Monroe Counties, on or before August 24, 1992, except that funds 
available to the Coast Guard, not to exceed $25,000, shall be used. The 
Secretary of Transportation shall administer the provisions of section 
2856 for the Coast Guard.

SEC. 204. DISSEMINATION OF RESULTS OF 0-6 CONTINUATION BOARDS.

    Section 289(f) of title 14, United States Code, is amended by 
striking ``Upon approval by the President, the names of the officers 
selected for continuation on active duty by the board shall be promptly 
disseminated to the service at large.''.

SEC. 205. EXCLUDE CERTAIN RESERVES FROM END-OF-YEAR STRENGTH.

    Section 712 of title 14, United States Code, is amended by adding 
at the end the following new subsection:
    ``(d) Members ordered to active duty under this section shall not 
be counted in computing authorized strength in members on active duty 
or members in grade under this title or under any other law.''.

SEC. 206. OFFICER RETENTION UNTIL RETIREMENT ELIGIBLE.

    Section 283(b) of title 14, United States Code, is amended--
            (1) by inserting ``(1)'' after ``(b)'';
            (2) by striking the last sentence; and
            (3) by adding at the end the following:
    ``(2) Upon the completion of a term under paragraph (1), an officer 
shall, unless selected for further continuation--
            ``(A) except as provided in subparagraph (B), be honorably 
        discharged with severance pay computed under section 286 of 
        this title;
            ``(B) in the case of an officer who has completed at least 
        18 years of active service on the date of discharge under 
        subparagraph (A), be retained on active duty and retired on the 
        last day of the month in which the officer completes 20 years 
        of active service, unless earlier removed under another 
        provision of law; or
            ``(C) if eligible for retirement under any law, be 
        retired.''.

SEC. 207. SPECIAL RECRUITING AUTHORITY TO ACHIEVE DIVERSITY.

    (a) Findings.--The Congress makes the following findings:
            (1) The ability of the United States Coast Guard to perform 
        its functions and duties will be enhanced if the representation 
        of women and minorities in its workforce is increased.
            (2) Women and minorities have historically been 
        underrepresented or under utilized in the Coast Guard officer 
        corps.
            (3) The number of women and minorities occupying leadership 
        positions in the United States Coast Guard should reflect the 
        proportion of women and minorities in the total workforce.
            (4) Women and minorities have historically been 
        underrepresented at the United States Coast Guard Academy.
            (5) Notwithstanding intensive application of traditional 
        recruiting programs, the Coast Guard has not been able to 
        rectify the historic under representation or underutilization 
        of women and minorities in the Service and at the Academy and 
        advance beyond the current minority and women recruitment 
        plateau.
            (6) Cultural bias in standardized testing or grading 
        procedures may adversely impact on the ability of minorities to 
        compete successfully for admission to the United States Coast 
        Guard Academy.
            (7) The education and professional training provided at the 
        United States Coast Guard Academy will be enhanced by the 
        benefits that flow from a diverse student body.
            (8) Women and minorities in the United States Coast Guard 
        should be assigned to positions of responsibility that fully 
        utilize their technical, professional and leadership skills.
            (9) Because traditional recruiting methods have failed to 
        rectify the historical underrepresentation and under 
        utilization of women and minorities in the United States Coast 
        Guard, it is necessary and appropriate to authorize the use of 
        the special programs for recruiting women and minorities into 
        the United States Coast Guard.
    (b) New Authority.--Section 93 of title 14, United States Code, is 
amended--
            (1) by striking ``and'' after the semicolon at the end of 
        paragraph (t)(2);
            (2) by striking the period at the end of paragraph (u) and 
        inserting a semicolon and the word ``and''; and
            (3) by adding at the end the following:
    ``(v) obtain research on Coast Guard personnel resource and 
training needs; and employ special programs for recruiting women and 
minorities, to include providing financial assistance by grant, 
cooperative agreement, contract, or otherwise not specifically 
prohibited by law or regulation, to public or private associations, 
organizations, or individuals to implement national or local outreach 
programs intended to rectify underrepresentation or underutilization of 
women and minorities in the Coast Guard and to meet identified 
personnel resource requirements and training needs.''.

SEC. 208. CONTRACTS FOR HEALTH CARE SERVICES.

    (a) Chapter 17 of title 14, United States Code, is amended by 
inserting after section 644 the following new section:
``Sec. 644a. Contracts for health care services
    ``(a) The Commandant may enter into personal services and other 
contracts to carry out health care responsibilities pursuant to section 
93 of this title and other applicable provisions of law pertaining to 
the provision of health care services to Coast Guard personnel and 
covered beneficiaries. The authority provided in this subsection is in 
addition to any other contract authorities of the Commandant provided 
by law or as delegated to the Commandant from time to time by the 
Secretary, including but not limited to authority relating to the 
management of health care facilities and furnishing of health care 
services pursuant to title 10 and title 14, United States Code.
    ``(b) The total amount of compensation paid to an individual in any 
year under a personal services contract entered into under subsection 
(a) shall not exceed the amount of annual compensation (excluding 
allowances for expenses) allowable for such contracts entered into by 
the Secretary of Defense pursuant to section 1091 of title 10, United 
States Code.
    ``(c)(1) The Secretary shall promulgate regulations to assure--
            ``(A) the provision of adequate notice of contract 
        opportunities to individuals residing in the area of a medical 
        treatment facility involved; and
            ``(B) consideration of interested individuals solely on the 
        basis of the qualifications established for the contract and 
        the proposed contract price.
    ``(2) Upon establishment of the procedures under paragraph (1), the 
Secretary may exempt personal services contracts covered by this 
section from the competitive contracting requirements specified in 
section 2304 of title 10, United States Code, or any other similar 
requirements of law.
    ``(d) The procedures and exemptions provided under subsection (c) 
shall not apply to personal services contracts entered into under 
subsection (a) with entities other than individuals or to any contract 
that is not an authorized personal services contract under subsection 
(a).''.
    (b) The table of sections for chapter 17 of title 14, United States 
Code, is amended by inserting after the item relating to section 644 
the following:

``644a. Contracts for health care services.''.
    (c) The amendments made by this section shall take effect on 
October 1, 1994. Any personal services contract entered into on behalf 
of the Coast Guard in reliance upon the authority of section 1091 of 
title 10, United States Code, before that date is confirmed and 
ratified and shall remain in effect in accordance with the terms of the 
contract.

      TITLE II--NAVIGATION SAFETY AND WATERWAY SERVICES MANAGEMENT

SEC. 301. STATE RECREATIONAL BOATING SAFETY GRANTS.

    (a) Transfer of Amounts for State Boating Safety Programs.--
            (1) Transfers.--Section 4(b) of the Act of August 9, 1950 
        (16 U.S.C. 777c(b); commonly referred to as the ``Dingell-
        Johnson Sport Fish Restoration Act''), is amended to read as 
        follows:
    ``(b)(1) Of the balance of each annual appropriation remaining 
after making the distribution under subsection (a), an amount equal to 
$15,000,000 for fiscal year 1995, $40,000,000 for fiscal year 1996, 
$55,000,000 for fiscal year 1997, and $69,000,000 for each of fiscal 
years 1998 and 1999, shall, subject to paragraph (2), be used as 
follows:
            ``(A) A sum equal to $7,500,000 of the amount available for 
        fiscal year 1995, and a sum equal to $10,000,000 of the amount 
        available for each of fiscal years 1996 and 1997, shall be 
        available for use by the Secretary of the Interior for grants 
        under section 5604(c) of the Clean Vessel Act of 1992. Any 
        portion of such a sum available for a fiscal year that is not 
        obligated for those grants before the end of the following 
        fiscal year shall be transferred to the Secretary of 
        Transportation and shall be expended by the Secretary of 
        Transportation for State recreational boating safety programs 
        under section 13106 of title 46, United States Code.
            ``(B) A sum equal to $7,500,000 of the amount available for 
        fiscal year 1995, $30,000,000 of the amount available for 
        fiscal year 1996, $45,000,000 of the amount available for 
        fiscal year 1997, and $59,000,000 of the amount available for 
        each of fiscal years 1998 and 1999, shall be transferred to the 
        Secretary of Transportation and shall be expended by the 
        Secretary of Transportation for recreational boating safety 
        programs under section 13106 of title 46, United States Code.
            ``(C) A sum equal to $10,000,000 of the amount available 
        for each of fiscal years 1998 and 1999 shall be available for 
        use by the Secretary of the Interior for--
                    ``(i) grants under section 3(e) of the Boating 
                Improvement Act of 1994; and
                    ``(ii) grants under section 5604(c) of the Clean 
                Vessel Act of 1992.
    ``(2)(A) Beginning with fiscal year 1996, the amount transferred 
under paragraph (1)(B) for a fiscal year shall be reduced by the lesser 
of--
            ``(i) the amount appropriated for that fiscal year from the 
        Boat Safety Account in the Aquatic Resources Trust Fund 
        established under section 9504 of the Internal Revenue Code of 
        1986 to carry out the purposes of section 13106 of title 46, 
        United States Code; or
            ``(ii) $35,000,000.
    ``(B) The amount of any reduction under subparagraph (A) shall be 
apportioned among the several States under subsection (d) by the 
Secretary of the Interior.''.
            (2) Conforming amendment.--Section 5604(c)(1) of the Clean 
        Vessel Act of 1992 (33 U.S.C. 1322 note) is amended by striking 
        ``section 4(b)(2) of the Act of August 9, 1950 (16 U.S.C. 
        777c(b)(2), as amended by this Act)'' and inserting ``section 
        4(b)(1) of the Act of August 9, 1950 (16 U.S.C. 777c(b)(1))''.
    (b) Expenditure of Amounts for State Recreational Boating Safety 
Programs.--
            (1) Section 13106 of title 46, United States Code, is 
        amended--
                    (A) by striking the first sentence of subsection 
                (a)(1) and inserting the following: ``An amount equal 
                to one-half of the amount transferred for each fiscal 
                year to the Boat Safety Account under section 
                9503(c)(4) of the Internal Revenue Code of 1986 (26 
                U.S.C. 9503(c)(4)) is available for appropriation for 
                State recreational boating safety programs authorized 
                under this chapter. Subject to paragraph (2), the 
                Secretary shall expend in each fiscal year an amount 
                equal to the total of the amount appropriated from the 
                Boat Safety Account for State recreational boating 
                safety programs for that fiscal year and the amount 
                transferred to the Secretary under section 4(b)(1) of 
                the Act of August 9, 1950 (16 U.S.C. 777c(b)(1)) in 
                that fiscal year.''; and
                    (B) by striking subsection (c).
            (2) Conforming amendment.--Section 3710(b) of title 46, 
        United States Code, is amended by striking ``24 months'' and 
        inserting ``5 years''.
    (c) Excess FY 1995 Boat Safety Account Funds Transfer.--
Notwithstanding any other provision of law, amounts received by the 
Highway Trust Fund attributable to motorboat fuel taxes received after 
September 30, 1995, and before October 1, 1996, that are not 
transferred to the Boat Safety Account or to the land and water 
conservation fund provided for in title I of the Land and Water 
Conservation Fund Act of 1965 shall be made available for use by the 
Secretary of Transportation for State recreational boating safety 
programs under section 13106 of title 46, United States Code, for 
fiscal year 1996 rather than being transferred into the Sport Fish 
Restoration Account in the Aquatic Resources Trust Fund.

SEC. 302. BOATING ACCESS.

    (a) Findings.--The Congress makes the following findings:
            (1) Nontrailerable recreational motorboats contribute 15 
        percent of the gasoline taxes deposited in the Aquatic 
        Resources Trust Fund while constituting less than 5 percent of 
        the recreational vessels in the United States.
            (2) The majority of recreational vessel access facilities 
        constructed with Aquatic Resources Trust Fund moneys benefit 
        trailerable recreational vessels.
            (3) More Aquatic Resources Trust Fund moneys should be 
        spent on recreational vessel access facilities that benefit 
        recreational vessels that are nontrailerable vessels.
    (b) Purpose.--The purpose of this section is to provide funds to 
States for the development of public facilities for transient 
nontrailerable vessels.
    (c) Survey.--Within 18 months after the date of the enactment of 
this Act, any State may complete and submit to the Secretary of the 
Interior a survey which identifies--
            (1) the number and location in the State of all public 
        facilities for transient nontrailerable vessels; and
            (2) the number and areas of operation in the State of all 
        nontrailerable vessels that operate on navigable waters in the 
        State.
    (d) Plan.--Within 6 months after submitting a survey to the 
Secretary of the Interior in accordance with subsection (c), an 
eligible State may develop and submit to the Secretary of the Interior 
a plan for the construction and renovation of public facilities for 
transient nontrailerable vessels to meet the needs of nontrailerable 
vessels operating on navigable waters in the State.
    (e) Grant Program.--
            (1) Matching grants.--The Secretary of the Interior may 
        obligate not less than \1/2\ of the amount made available for 
        each of fiscal years 1998 and 1999 under section 4(b)(1)(C) of 
        the Act of August 9, 1950, as amended by section 2(a)(1) of 
        this Act, to make grants to any eligible State to pay not more 
        than 75 percent of the cost of constructing or renovating 
        public facilities for transient nontrailerable vessels.
            (2) Priority.--In awarding grants under this subsection, 
        the Secretary of the Interior shall give priority to projects 
        that--
                    (A) are likely to serve the largest number of 
                nontrailerable vessels; and
                    (B) consist of the construction or renovation of 
                public facilities for transient nontrailerable vessels 
                in accordance with a plan submitted by an eligible 
                State submitted under subsection (b).
    (f) Definitions.--For the purpose of this section the term--
            (1) ``eligible State'' means a State that--
                    (A) completes and submits to the Secretary of the 
                Interior a survey in accordance with subsection (c); 
                and
                    (B) develops and submits to the Secretary of the 
                Interior a plan in accordance with subsection (d);
            (2) ``nontrailerable vessel'' means a recreational vessel 
        greater than 26 feet in length;
            (3) ``public facilities for transient nontrailerable 
        vessels'' means mooring buoys, day-docks, seasonal slips or 
        similar structures located on navigable waters, that are 
        available to the general public and designed for temporary use 
        by nontrailerable vessels;
            (4) ``recreational vessel'' means a vessel--
                    (A) operated primarily for pleasure; or
                    (B) leased, rented, or chartered to another for the 
                latter's pleasure; and
            (5) ``State'' means each of the several States of the 
        United States, the District of Columbia, the Commonwealth of 
        Puerto Rico, Guam, American Samoa, the United States Virgin 
        Islands, and the Commonwealth of the Northern Marianas.

SEC. 303. FOREIGN PASSENGER VESSEL USER FEES.

    Section 3303 of title 46, United States Code, is amended--
            (1) by striking ``(a) Except as'' in subsection (a) and 
        inserting ``Except as''; and
            (2) by striking subsection (b).

SEC. 304. INCREASED PENALTIES FOR DOCUMENTATION VIOLATIONS.

    (a) Civil Penalty.--Section 12122(a) of title 46, United States 
Code, is amended by striking ``$500'' and inserting ``$25,000''.
    (b) Seizure and Forfeiture.--
            (1) In general.--Section 12122(b) of title 46, United 
        States Code, is amended to read as follows:
    ``(b) A vessel and its equipment are liable to seizure by and 
forfeiture to the United States Government--
            ``(1) when the owner of a vessel or the representative or 
        agent of the owner knowingly falsifies or conceals a material 
        fact, or makes a false statement or representation about the 
        documentation or when applying for documentation of the vessel;
            ``(2) when a certificate of documentation is knowingly and 
        fraudulently used for a vessel;
            ``(3) when a vessel is operated after its endorsement has 
        been denied or revoked under section 12123 of this title;
            ``(4) when a vessel is employed in a trade without an 
        appropriate trade endorsement;
            ``(5) when a documented vessel with only a recreational 
        endorsement is operated other than for pleasure; or
            ``(6) when a documented vessel is placed under the command 
        of a person not a citizen of the United States.''.
            (2) Conforming amendment.--Section 12122(c) of title 46, 
        United States Code, is repealed.
    (c) Limitation on Operation of Vessel with Only Recreational 
Endorsement.--Section 12110(c) of title 46, United States Code, is 
amended to read as follows: ``A vessel with only a recreational 
endorsement may not be operated other than for pleasure.''.

SEC. 305. OUTER CONTINENTAL SHELF CIVIL PENALTIES.

    Section 24(b) of the Outer Continental Shelf Lands Act (43 U.S.C. 
1350(b)) is amended--
            (1) by striking ``paragraph (2),'' in paragraph (1) and 
        inserting ``paragraphs (2) and (3),''; and
            (2) by adding at the end thereof the following:
            ``(3)(A) If a person fails to comply with or violates a 
        regulation issued under this Act by the Secretary of the 
        department in which the Coast Guard is operating, that person 
        is liable, without regard to the requirement of the expiration 
        of a period allowed for corrective action, to the United States 
        Government for a civil penalty of not more than the amount 
        provided in paragraph (1) for each day of the continuance of 
        that failure or violation.
            ``(B) The Secretary of the department in which the Coast 
        Guard is operating is authorized to assess the amount of the 
        civil penalty for which a person is liable for failure to 
        comply with or for violating a regulation issued under this Act 
        by the Secretary of the department in which the Coast Guard is 
        operating. The assessment of the civil penalty shall be by 
        written notice and after an opportunity for a hearing.
            ``(C) In determining the amount of the penalty, the 
        Secretary of the department in which the Coast Guard is 
        operating shall consider the nature, circumstances, extent, and 
        gravity of the prohibited acts committed and, with respect to 
        the violator, the degree of culpability, any history of prior 
        offenses, ability to pay, and other matters that justice 
        requires.
            ``(D) The Secretary of the department in which the Coast 
        Guard is operating may compromise, modify, or remit, with or 
        without consideration, a civil penalty under this Act until 
        referring the assessment to the Attorney General.
            ``(E) If a person fails to pay an assessment of a civil 
        penalty after it has become final, the Secretary of the 
        department in which the Coast Guard is operating may refer the 
        matter to the Attorney General for collection in an appropriate 
        district court of the United States.''.

SEC. 306. AMENDMENT TO REQUIRE EPIRBS ON THE GREAT LAKES.

    Paragraph (7) of section 4502(a) of title 46, United States Code, 
is amended by inserting ``or beyond three nautical miles from the 
coastline of the Great Lakes'' after ``high seas''.

SEC. 307. INSPECTION OF SMALL PASSENGER VESSELS.

    Section 3307 of title 46, United States Code, is amended--
            (1) by striking ``and nautical school vessel'' in paragraph 
        (1) and inserting ``, nautical school vessel, and small 
        passenger vessel carrying more than 12 passengers on an 
        international voyage'',
            (2) by inserting ``and'' after the semicolon in paragraph 
        (1),
            (3) by striking paragraph (2) and redesignating paragraph 
        (3) as (2), and
            (4) by striking ``2 years'' in paragraph (2) (as 
        redesignated) and inserting ``5 years''.

SEC. 308. PENALTIES FOR DEFECTIVE SERVICING OR ALTERATION OF MARINE 
              SAFETY EQUIPMENT.

    Section 3318(b) of title 46, United States Code, is amended--
            (1) by inserting ``(1)'' before ``A person''; and
            (2) adding at the end thereof the following:
            ``(2) A person that knowingly alters lifesaving, fire 
        safety, or any other equipment subject to this part, so that 
        the equipment altered is so defective as to be insufficient to 
        accomplish the purpose for which it is intended, commits a 
        class D felony.''.

                   TITLE IV--MISCELLANEOUS PROVISIONS

SEC. 401. THACHER ISLAND LIGHTHOUSE.

    (a) Authority To Convey.--
            (1) In general.--The Secretary of Transportation may convey 
        to the Town of Rockport, Massachusetts, by an appropriate means 
        of conveyance, all right, title, and interest of the United 
        States in and to property comprising Thacher Island, except 
        that the Coast Guard shall retain all right, title, or interest 
        in any historical artifact, including any lens or lantern on 
        the property conveyed pursuant to this section, or belonging to 
        the property, whether located on the property or elsewhere.
            (2) Identification of property.--The Secretary may 
        identify, describe, and determine the property to be conveyed 
        pursuant to this section.
    (b) Terms and Conditions.--
            (1) In general.--A conveyance of property pursuant to this 
        section shall be made--
                    (A) without payment of consideration; and
                    (B) subject to such terms and conditions as the 
                Secretary may consider appropriate.
            (2) Reversionary interest.--In addition to any term or 
        condition established pursuant to paragraph (1), any conveyance 
        of property pursuant to this section shall be subject to the 
        condition that all right, title, and interest in Thacher Island 
        shall immediately revert to the General Services Administration 
        of the United States of America if Thacher Island ceases to be 
        maintained and used as a nonprofit center for public benefit 
        for the interpretation and preservation of the material culture 
        of the United States Coast Guard and the maritime history of 
        Thacher Island, Massachusetts. In connection therewith, the 
        property may be used for educational, historic, recreational, 
        and cultural programs open to and for the benefit of the 
        general public. Other uses not inconsistent with the foregoing 
        uses are permitted unless the Secretary shall reasonably 
        determine that such uses are incompatible with the historic 
        nature of this property or with other provisions of this 
        section.
            (3) Maintenance of navigation functions.--Any conveyance of 
        property pursuant to this section shall be made subject to such 
        conditions as the Secretary considers to be necessary to assure 
        that--
                    (A) the light, antennas, sound signal, and 
                associated lighthouse equipment, and any electronic 
                navigation equipment located on the property conveyed 
                which are active aids to navigation shall continue to 
                be operated and maintained by the United States for as 
                long as they are needed for this purpose;
                    (B) the Town of Rockport may not interfere or allow 
                interference in any manner with such aids to navigation 
                without express written permission from the United 
                States;
                    (C) there is reserved to the United States the 
                right to relocate, replace, or add any aids to 
                navigation, or make any changes on any portion of such 
                property as may be necessary for navigation purposes;
                    (D) the United States shall have the right, at any 
                time, to enter such property without notice for the 
                purpose of maintaining aids to navigation; and
                    (E) the United States shall have an easement of 
                access to such property for the purpose of maintaining 
                the aids to navigation in use on the property, and an 
                easement for an arc of visibility.
    (c) Property To Be Maintained in Accordance With Certain Laws.--The 
Town of Rockport shall maintain Thacher Island in accordance with the 
provisions of the National Historic Preservation Act of 1966 (16 U.S.C. 
470 et seq.) and other applicable laws.
    (d) Definitions.--For purposes of this section:
            (1) The term ``Thacher Island'' means the Coast Guard 
        property located on Thacher Island, Massachusetts, which is 
        located off the coast of Cape Ann, Massachusetts, within the 
        boundaries of the Town of Rockport, Massachusetts, including 
        the light tower, sound signal building, any other ancillary 
        buildings, and such land as may be necessary to enable the Town 
        of Rockport to operate a non-profit center for public benefit.
            (2) The term ``Secretary'' means the Secretary of the 
        department in which the Coast Guard is operating.

SEC. 402. TRANSFER OF COAST GUARD PROPERTY IN KETCHIKAN, ALASKA.

    (a) Conveyance Requirement.--The Secretary of Transportation shall 
convey to the Ketchikan Indian Corporation in Ketchikan, Alaska, 
without reimbursement and by no later than 120 days after the date of 
this Act, all right, title, and interest of the United States in and to 
the property known as the ``Former Marine Safety Detachment'' as 
identified in Report of Excess Number CG-689 (GSA Control Number 9-U-
AK-0747) and described in subsection (b).
    (b) Property Described.--The property referred to in subsection (a) 
is real property located in the city of Ketchikan, Township 75 south, 
range 90 east, Copper River Meridian, First Judicial District, State of 
Alaska, and commencing at corner numbered 10, United States Survey 
numbered 1079, the true point of beginning for this description: Thence 
north 24 degrees 04 minutes east, along the 10-11 line of said survey a 
distance of 89.76 feet to corner numbered 1 of lot 5B; thence south 65 
degrees 56 minutes east a distance of 345.18 feet to corner numbered 2 
of lot 5B; thence south 24 degrees 04 minutes west a distance of 101.64 
feet to corner numbered 3 of lot 5B; thence north 64 degrees 01 minute 
west a distance of 346.47 feet to corner numbered 10 of said survey, to 
the true point of beginning, consisting of 0.76 acres (more or less), 
and all improvements located on that property, including buildings, 
structures, and equipment.
    (c) Reversionary Interest.--In addition to any term or condition 
established pursuant to subsection (a), any conveyance of property 
described in subsection (b) shall be subject to the condition that all 
right, title, and interest in and to the property so conveyed shall 
immediately revert to the United States if the property, or any part 
thereof, ceases to be used by the Ketchikan Indian Corporation as a 
Native health clinic.

SEC. 403. FLORIDA AVENUE BRIDGE.

    For purposes of the alteration of the Florida Avenue Bridge 
(located approximately 1.63 miles east of the Mississippi River on the 
Gulf Intracoastal Waterway in Orleans Parish, Louisiana) ordered by the 
Secretary of Transportation under the Act of June 21, 1940 (33 U.S.C. 
511 et seq.; popularly known as the Truman-Hobbs Act), the Secretary 
shall treat the drainage siphon that is adjacent to the bridge as an 
appurtenance of the bridge, including with respect to apportionment and 
payment of costs for the removal of the drainage siphon in accordance 
with that Act.

SEC. 404. TUNA FISHING VESSELS.

    (a) In General.--Transferring to foreign registry any tuna fishing 
vessel which is an agreement vessel documented under the laws of the 
United States shall not be treated, for purposes of section 607 of the 
Merchant Marine Act, 1936, (46 App. U.S.C. 1177), or for purpose of the 
Internal Revenue Code of 1986 or any other law of the United States, 
as--
            (1) the disposition of an agreement vessel, or
            (2) a failure to meet any substantial obligation under an 
        agreement entered into between the owner or operator of the 
        vessel and the Secretary if--
                    (A) the vessel, before registry transfer, either 
                regularly fished in for tuna in the Eastern Pacific 
                Ocean or regularly fished in the Pacific Ocean but did 
                not regularly have a license to fish tuna in the 
                Western Pacific Ocean;
                    (B) the vessel will, after registry transfer, 
                continue to be controlled directly or indirectly by the 
                last agreement holder of record, as of the time of 
                registry transfer, under section 607 of the Merchant 
                Marine Act, 1936, (46 App. U.S.C. 1177); and
                    (C) the vessel will, after registry transfer, 
                continue to be operated in compliance with section 307 
                of the Marine Mammal Protection Act of 1972 (46 App. 
                U.S.C. 1417) and subjected to continuous observer 
                coverage under the arrangements provided by the Inter-
                American Tropical Tuna Commission or under any such 
                other international arrangements as may be approved by 
                the Secretary.
    (b) Noncompliance.--Noncompliance with any of the provisions above 
will, for purposes of section 607 of the Merchant Marine Act, 1936 (46 
App. U.S.C. 1177), be treated as the disposition of an agreement vessel 
and a failure to meet a substantial obligation under any agreement 
entered into between the owner or operator of the vessel and the 
Secretary as if this section had not applied and as if the vessel's 
registry had not been transferred.
    (c) Definitions.--Any term defined in section 607(k) of the 
Merchant Marine Act, 1936 (46 App. U.S.C. 1177(k)), that is used in 
this section shall have the meaning given that term in that section.
    (d) Treatment of Income and Expenses.--All vessel income and 
expense (including pass-throughs to shareholders and partners, if any) 
will, after registry transfer, continue to be fully subject to the 
Internal Revenue Code of 1986 and reported as income and taxed in the 
United States as if the vessel's registry had not been transferred.
    (c) Effective Date.--This section shall apply to any registry 
transfer effected before January 1, 1997.

            TITLE V--RECREATIONAL BOATING SAFETY IMPROVEMENT

SEC. 501. PERSONAL FLOTATION DEVICES REQUIRED FOR CHILDREN.

    (a) Prohibition.--Section 4307(a) of title 46, United States Code, 
is amended--
            (1) by striking ``or'' after the semicolon in paragraph 
        (2);
            (2) by striking the period at the end of paragraph (3) and 
        inserting a semicolon and ``or''; and
            (3) by adding at the end the following:
            ``(4) operate a recreational vessel under 26 feet in length 
        unless each individual 6 years of age or younger wears a Coast 
        Guard approved personal flotation device when the individual is 
        on an open deck of the vessel.''.
    (b) State Authority Preserved.--Section 4307 of title 46, United 
States Code, is amended by adding at the end thereof the following:
    ``(c) Subsection (a)(4) shall not be construed to limit the 
authority of a State to establish requirements relating to the wearing 
of personal flotation devices on recreational vessels that are more 
stringent than that subsection.''.

SEC. 502. ALLOCATION OF FUNDS BASED ON STATE ADOPTION OF LAWS REGARDING 
              BOATING WHILE INTOXICATED.

    Section 13103 of title 46, United States Code, is amended--
            (1) by redesignating subsections (a), (b), and (c) as (b), 
        (c), and (d), respectively,
            (2) by inserting before subsection (b) (as redesignated) 
        the following:
    ``(a)(1) Beginning in fiscal year 1998, of the amounts transferred 
to the Secretary each fiscal year pursuant to section 4(b) of the Act 
of August 9, 1950 (16) U.S.C. 777c(b)), the Secretary shall allocate 
for State recreational boating safety programs $10,000,000 as follows:
            ``(A) One-half shall be allocated in accordance with 
        paragraph (2) among eligible States that--
                    ``(i) prohibit operation of a recreational vessel 
                by an individual who is under the influence of alcohol 
                or drugs; and
                    ``(ii) establish a blood alcohol concentration 
                limit of .10 percent or less.
            ``(B) One-half shall be allocated in accordance with 
        paragraph (2) among eligible States that--
                    ``(i) prohibit operation of a recreational vessel 
                by an individual who is under the influence of alcohol 
                or drugs; and
                    ``(ii) establish an implied consent requirement 
                that specifies that individuals are deemed to have 
                given their consent to evidentiary testing for their 
                blood alcohol concentration or presence of other 
                intoxicating substances.
    ``(2) Of the amount allocated under subparagraph (A) or (B) of 
paragraph (1) each fiscal year--
            ``(A) one-half shall be allocated equally among all 
        eligible States receiving an allocation under that subparagraph 
        for the fiscal year; and
            ``(B) one-half shall be allocated among those eligible 
        States so that each such State receives an amount bearing the 
        same ratio to the total amount allocated under that 
        subparagraph for the fiscal year as the number of vessels 
        numbered in that State under a system approved under chapter 
        123 of this title bears to the total number of vessels numbered 
        under approved systems of all States receiving an allocation 
        under that subparagraph for the fiscal year.'';
            (3) by inserting ``the balance of remaining'' after 
        ``allocate'' in subsection (v) as redesignated; and
            (4) by adding at the end the following new subsection:
    ``(e) A State shall not be ineligible for an allocation under 
subsection (a) because of the adoption by the State of any requirement 
relating to the operation of a recreational vessel while under the 
influence of alcohol or drugs that is more stringent than the 
requirements for receiving the allocation.''.

SEC. 503. MARINE CASUALTY REPORTING.

    (a) Submission of Plan.--Not later than one year after enactment of 
this Act, the Secretary of Transportation shall, in consultation with 
appropriate State agencies, submit to the Committee on Merchant Marine 
and Fisheries of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a plan to increase 
reporting of vessel accidents to appropriate State law enforcement 
officials.
    (b) Penalties For Violating Reporting Requirements.--Section 
6103(a) of title 46, United States Code, is amended by inserting ``or 
6102'' after ``6101'' the second place it appears.

SEC. 504. REQUIRING VIOLATORS TO TAKE RECREATIONAL BOATING SAFETY 
              COURSE.

    (a) Negligent Operation.--Section 2302 of title 46, United States 
Code, is amended by adding at the end the following:
    ``(e) An individual operating a recreational vessel in violation of 
this section shall complete a boating safety course approved by the 
Secretary.''.
    (b) Other Violations.--Section 4311 of title 46, United States 
Code, is amended by adding at the end the following:
    ``(h) A person who operates a recreational vessel in violation of 
this chapter or a regulation prescribed under this chapter may be 
ordered to complete a recreational boating safety course approved by 
the Secretary.''.

SEC. 505. TECHNICAL CORRECTIONS.

    Section 13108(a)(1) of title 46, United States Code, is amended 
by--
            (1) striking ``proceeding'' and inserting ``preceding''; 
        and
            (2) striking ``Secertary'' and inserting ``Secretary''.

                     TITLE VI--TOWING VESSEL SAFETY

SEC. 601. MINIMUM NAVIGATIONAL SAFETY EQUIPMENT FOR TOWING VESSELS.

    (a) In General.--Section 4102 of title 46, United States Code, is 
amended by adding at the end the following:
    ``(f)(1) In prescribing regulations for towing vessels, the 
Secretary--
            ``(A) shall consider the characteristics, methods of 
        operation, and nature of the service of towing vessels;
            ``(B) shall consult with the Towing Safety Advisory 
        Committee; and
            ``(C) may require, to the extent appropriate, the 
        installation, maintenance, and use of the following equipment 
        on each towing vessel, other than a towing vessel that is used 
        only for towing disabled vessels:
                    ``(i) A radar system.
                    ``(ii) A sonic depth finder.
                    ``(iii) A compass or swing meter.
                    ``(iv) Adequate towing wire and associated 
                equipment.
                    ``(v) Up-to-date navigational charts and 
                publications for the areas normally transited by the 
                vessel.
                    ``(vi) Other safety equipment the Secretary 
                determines to be necessary.
    ``(2)(A) The Secretary shall establish in regulations under this 
chapter requirements that--
            ``(i) any equipment required on a towing vessel under 
        paragraph (1) shall be maintained in effective operating 
        condition; and
            ``(ii) if such equipment on a vessel ceases to operate, the 
        operator of the vessel shall exercise due diligence to restore 
        the equipment to effective operating condition, or cause it to 
        be restored to that condition, at the earliest practicable 
        date.
    ``(B) The failure of equipment required on a towing vessel under 
paragraph (1) shall not, by itself, constitute a violation of this 
chapter.''.
    (b) Regulations.--The Secretary of Transportation shall issue 
regulations by not later than 12 months after the date of the enactment 
of this Act, prescribing navigational publication and equipment 
requirements under subsection (f) of section 4102 of title 46, United 
States Code, as added by subsection (a) of this section.

SEC. 602. DEMONSTRATION OF PROFICIENCY IN USE OF NAVIGATIONAL SAFETY 
              EQUIPMENT REQUIRED.

    Section 7101 of title 46, United States Code, is amended by adding 
at the end the following:
    ``(j) The Secretary shall require an individual who applies for 
issuance or renewal of a towing vessel operators license to demonstrate 
proficiency in the use of navigational safety equipment.''.

SEC. 603. REPORTING MARINE CASUALTIES.

    (a) Expedited Reporting Required.--Section 6101(b) of title 46, 
United States Code, is amended by striking ``within 5 days'' and 
inserting ``by as soon as practicable, but in no case later than within 
5 days,''.
    (b) Penalty for Failure To Report a Casualty.--Section 6103(a) of 
title 46, United States Code is amended by striking ``$1,000'' and 
inserting ``not more than $25,000''.
    (c) Regulations.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary shall prescribe regulations 
implementing the amendment made by subsection (a).

SEC. 604. REPORT ON ADEQUACY AND EFFECTIVENESS OF MANNING AND PROGRESS 
              IMPROVING LICENSING REQUIREMENTS FOR OPERATION OF TOWING 
              VESSELS.

    Not later than 6 months after the date of the enactment of this 
Act, the Secretary of Transportation shall submit a report to the 
Congress on--
            (1) the adequacy and effectiveness of manning of towing 
        vessels; and
            (2) progress made in implementing improvements in towing 
        vessel operator licensing requirements.

SEC. 605. REPORT ON FEASIBILITY OF ESTABLISHING A DIFFERENTIAL GLOBAL 
              POSITIONING SATELLITE NAVIGATIONAL SYSTEM AND ELECTRONIC 
              CHARTS FOR INLAND WATERWAYS.

    Not later than 6 months after the date of the enactment of this 
Act, the Secretary of Transportation shall submit a report to the 
Congress on the feasibility of establishing a differential global 
positioning satellite navigation system and creating electronic charts 
for the inland waterways of the United States.

       TITLE VII--ACT TO PREVENT POLLUTION FROM SHIPS AMENDMENTS

SEC. 701. DEFINITION OF OPERATOR.

    (a) In General.--Subparagraph (b) of section 2(a)(5) of the Act to 
Prevent Pollution from Ships (33 U.S.C. 1901(a)(5)(b)) is amended to 
read as follows: ``(b) in the case of a terminal, any person who by 
law, lease, contract, or other arrangement, provides a berth at a port 
or terminal or other mooring arrangement for the ship to transfer cargo 
to or from shore;''.
    (b) Technical Amendments.--Section 6 of such Act (33 U.S.C. 1905) 
is amended--
            (1) by striking ``a person in charge'' and inserting ``an 
        operator'';
            (2) by striking ``Persons in charge'' in subsection (a)(2) 
        and inserting ``Operators''; and
            (3) in subsection (c)(2), by striking ``person in charge'' 
        in subsection (c)(2) and inserting ``operator''.

SEC. 702. PREVENTION OF POLLUTION FROM SHIPS.

    (a) In General.--Section 6 of such Act (33 U.S.C. 1905) is 
amended--
            (1) by striking ``(2) If'' in subsection (c)(2) and 
        inserting ``(2)(A) Subject to paragraph (B), if'';
            (2) by adding at the end of subsection (c)(2) the 
        following:
                    ``(B) The Secretary may issue a certificate 
                attesting to the adequacy of reception facilities under 
                this paragraph only if, prior to the issuance of the 
                certificate, the Secretary conducts an inspection of 
                the reception facilities of the port or terminal that 
                is the subject of the certificate.''; and
            (3) by striking subsection (c)(3)(A) and inserting the 
        following:
                    ``(A) is valid for the 5-year period beginning on 
                the date of issuance of the certificate, except that 
                if--
                            ``(i) the charge for operation of the port 
                        or terminal is transferred to a person or 
                        entity other than the person or entity that is 
                        the operator on the date of issuance of the 
                        certificate--
                                    ``(I) the certificate shall expire 
                                on the date that is 30 days after the 
                                date of the transfer; and
                                    ``(II) the new operator shall be 
                                required to submit an application for a 
                                certificate before a certificate may be 
                                issued for the port or terminal; or
                            ``(ii) the certificate is suspended or 
                        revoked by the Secretary,
                the certificate shall cease to be valid; and'';
            (4) by amending subsection (d) to read as follows:
    ``(d)(1) The Secretary shall maintain a list of ports or terminals 
with respect to which a certificate issued under this section--
            ``(A) is in effect; or
            ``(B) has been revoked or suspended.
    ``(2) The Secretary shall make the list referred to in paragraph 
(1) available to the general public.'';
            (5) in subsection (e)--
                    (A) by striking ``Except in the case'' in paragraph 
                (1) and inserting ``Except as provided in paragraph (3) 
                and in the case'';
                    (B) by striking ``The Secretary'' in paragraph (2) 
                and inserting ``Except as provided in paragraph (3), 
                the Secretary''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(3)(A) Not later than 18 months after the date of 
        enactment of the Coast Guard Authorization Act of 1994, the 
        Secretary shall, by regulation, establish a procedure by which 
        the Secretary may assess a civil penalty against the operator 
        of a port or terminal in lieu of denying the entry of a ship to 
        the port or terminal pursuant to paragraph (1) or (2).
            ``(B) The amount of a penalty referred to in subparagraph 
        (A) shall not exceed the maximum amount allowable per day of 
        violation that the Secretary may assess under this Act.
            ``(C) If a port or terminal remains in violation of an 
        applicable requirement of a regulation referred to in paragraph 
        (1) or (2) on the date that is 30 days after the date on which 
        the Secretary initially determines that the port or terminal is 
        in violation of an applicable requirement of a regulation, the 
        Secretary shall, pursuant to regulations promulgated under 
        subparagraph (D) of this paragraph, revoke the certificate of 
        the port or terminal.
            ``(D) In addition to carrying out the duties specified in 
        subparagraphs (A) through (C), not later than 18 months after 
        the date of enactment of this paragraph, the Secretary shall 
        develop, and issue regulations for, revocation and 
        reinstatement procedures that the Secretary shall apply in 
        carrying out this paragraph.'';
            (6) in subsection (f)--
                    (A) by inserting ``(1)'' before ``The Secretary''; 
                and
                    (B) by adding at the end the following new 
                paragraph:
            ``(2)(A) Not later than 18 months after the date of 
        enactment, the Secretary shall promulgate regulations that 
        require the operator of each port or terminal that is subject 
        to any requirement of the MARPOL Protocol relating to reception 
        facilities to post a placard in a location that can easily be 
        seen by port and terminal users. The placard shall state, at a 
        minimum, that a user of a reception facility of the port or 
        terminal should report to the Secretary any inadequacy of the 
        reception facility.
            ``(B) The Secretary shall promulgate regulations to carry 
        out this paragraph, including specifications for the placards 
        referred to in subparagraph (A).
            ``(C) The Secretary shall make available to the general 
        public any report received by the Secretary under this 
        paragraph.''; and
            (7) by adding at the end the following new subsection:
    ``(g) The Secretary shall--
            ``(1) establish a program to ensure that the owner, 
        operator, or person in charge of each port or terminal that is 
        not required to apply for a certificate under this section 
        makes available a reception facility that meets the 
        requirements for reception facilities under the regulations 
        promulgated under subsection (a)(2); and
            ``(2) not later than 2 years after the date of enactment of 
        this subsection, and every 2 years thereafter, submit a report 
        to Congress on Coast Guard activities regarding the ports and 
        terminals described in paragraph (1).''.
    (b) Refuse Record Books; Waste Management Plans; Notification of 
Crew and Passengers.--Section 4(b) of such Act (33 U.S.C. 1903(b)) is 
amended--
            (1) by amending subparagraph (A) of paragraph (2) to read 
        as follows:
                    ``(A) not later than 1 year after the date of 
                enactment of the Water Pollution Prevention and Control 
                Act of 1994, issue regulations that require each ship 
                to--
                            ``(i) maintain refuse records (either as 
                        part of the log book of the ship or in a 
                        separate record book);
                            ``(ii) establish shipboard waste management 
                        plans; and
                            ``(iii) display a placard and conduct a 
                        briefing that notifies the crew and passengers 
                        of the ship of the requirements of Annex V of 
                        the Convention;''; and
            (2) by adding at the end the following new paragraph:
            ``(3)(A) The Secretary of Agriculture, acting through the 
        Administrator of the Animal and Plant Health Inspection 
        Service, shall assist the Secretary in carrying out the 
        enforcement of this Act, to the extent that the assistance 
        provided under this subparagraph does not impede the ability of 
        the Secretary of Agriculture, acting through the Administrator 
        of the Animal and Plant Health Inspection Service, to carry out 
        the functions of the Animal and Plant Health Inspection 
        Service.
            ``(B) The Secretary of Agriculture, in coordination with 
        the Secretary, shall review and revise boarding procedures of 
        the Animal and Plant Health Inspection Service to improve the 
        enforcement of this Act.
            ``(C) The review and revision of the boarding procedures 
        referred to in subparagraph (B) shall include--
                    ``(i) a revision of any boarding forms used by the 
                Secretary (including adding questions) to provide 
                information in sufficient detail to enable the 
                Secretary to adequately enforce this Act;
                    ``(ii) the coordination of efforts of inspectors of 
                the Animal and Plant Health Inspection Service to 
                facilitate the tracking of ships suspected to be in 
                violation of this Act from port to port;
                    ``(iii) the coordination of the inspection 
                activities of the Animal and Plant Health Inspection 
                Service with the inspection activities of the Coast 
                Guard, to ensure that any violation of this Act may be 
                easily determined, and that an appropriate penalty is 
                assessed for the violation; and
                    ``(iv) methods for using inspectors of the Animal 
                and Plant Health Inspection Service to determine 
                compliance with the regulations promulgated under 
                section 6(a)(2).''.
    (c) Size and Use.--Section 3(a) of such Act (33 U.S.C. 1902(a)) is 
amended--
            (1) by striking ``and'' at the end of paragraph (3);
            (2) by striking the period at the end of paragraph (4) and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(5) with respect to section 4(b)(2)(A)--
                    ``(A) to--
                            ``(i) a manned oceangoing United States 
                        ship of 40 feet or more in length that is 
                        engaged in commerce and is documented under the 
                        laws of the United States or numbered by a 
                        State; and
                            ``(ii) a manned fixed or floating platform 
                        subject to the jurisdiction of the United 
                        States, or operated under the authority of the 
                        United States, wherever located; and
                    ``(B) to any other ship of a size and use specified 
                by the Secretary not later than 18 months after the 
                date of enactment of the Coast Guard Authorization Act 
                of 1994.''.
    (d) Penalties for Violations.--Section 9 of such Act (33 U.S.C. 
1908) is amended--
            (1) by redesignating subsections (c) through (f) as (d) 
        through (g) respectively;
            (2) by inserting after subsection (b) the following new 
        subsection:
    ``(c)(1) Any person authorized by the Secretary for the purposes of 
this subsection may, where reasonable cause exists to believe that an 
owner, operator, or person in charge of a ship--
            ``(A) has disposed of garbage in violation of Annex V of 
        MARPOL or regulations issued under this Act; or
            ``(B) has violated any regulation promulgated under section 
        4(b)(2)(A) of this Act--
issue a citation to such owner, operator, or person in charge. Such 
citation shall specify the regulation violated and the applicable 
penalty amount for such violation, as prescribed by the Secretary in 
regulations.
    ``(2) On the thirtieth day following issuance of the citation, such 
amount shall constitute a final assessment for the purposes of this 
section and shall be due and payable to the United States, unless prior 
to that date the owner, operator, or person in charge of the ship 
submits a written request for a hearing to the Secretary. Subsection 
(b) of this section shall apply to any case in which such a written 
request has been submitted.
    ``(3) For the purposes of paragraph (1) of this subsection, 
reasonable cause exists to believe that an owner, operator, or person 
in charge of a ship has disposed of garbage in violation of Annex V or 
regulations issued under this Act where, inter alia--
            ``(A) the person in charge refuses, fails, or is unable to 
        produce to the person authorized by the Secretary any recently 
        issued documents demonstrating a recent lawful disposal of 
        ship's garbage or, where a ship's incinerator has been 
        installed, plastic residue from such incinerator, and
            ``(B) the quantity of plastic waste materials on board the 
        ship is less than the amount of such waste estimated, in 
        accordance with regulations issued by the Secretary, to have 
        been generated on board the ship subsequently to the last 
        lawful disposal which is demonstrated to the person authorized 
        by the Secretary.
    ``(4) A citation for a violation that requires a civil penalty may 
be issued by the appropriate Coast Guard official if, on the inspection 
of a ship, an appropriate official of the Coast Guard determines that--
            ``(A) the person in charge of the ship has no receipts 
        documenting--
                    ``(i) the disposal of garbage; or
                    ``(ii) in any case in which an incinerator is on 
                board the ship, the disposal of plastic residue, if 
                any, from the incinerator;
            ``(B) there is no incinerator on board the ship; or
            ``(C) the quantity of plastic waste materials on board the 
        ship is too small with respect to the quantity of plastic waste 
        materials estimated to have been generated on board the ship 
        (on the basis of documentation from the last legal disposal of 
        plastic waste materials from the ship).
    ``(5) Not later than 30 days after the issuance of a citation 
pursuant to paragraph (2), the recipient of the citation shall either--
            ``(A) pay the amount of the civil penalty; or
            ``(B) submit a written request for a hearing on the 
        assessment of the civil penalty.
    ``(6) The Secretary, in consultation with the Secretary of 
Agriculture, shall issue regulations which ensure that the record in a 
log book of the disposal of garbage alone does not constitute proof of 
lawful disposal of garbage.''; and
            (3) in subsection (g), as redesignated by paragraph (1)--
                    (A) by inserting ``(1)'' before 
                ``Notwithstanding'';
                    (B) by striking ``or (d)'' and inserting ``or 
                (e)''; and
                    (C) by adding at the end the following new 
                paragraphs:
            ``(2) If the Secretary--
                    ``(A) conducts an investigation and refers a matter 
                pursuant to paragraph (1) to the appropriate official 
                of a foreign country that is a party to the MARPOL 
                Protocol relating to a violation of suspected violation 
                by an owner, operator, or person in charge of a ship 
                that is registered in the foreign country of a 
                requirement of the MARPOL Protocol; and
                    ``(B) the official of the foreign country does not 
                provide a response that the Secretary determines 
                appropriate; paragraph (3) shall apply.
            ``(3) If the conditions referred to in subparagraphs (A) 
        and (B) of paragraph (2) are met, the Secretary of the 
        Treasury, on the request of the Secretary, may, with respect to 
        the ship referred to in paragraph (2), refuse or revoke--
                    ``(A) a permit to proceed under section 4367 of the 
                Revised Statutes (46 U.S.C. App. 313); or
                    ``(B) a permit to depart (as required under section 
                443 of the Tariff Act of 1930 (19 U.S.C. 1443));
        whichever is applicable.
            ``(4) The Secretary shall, not later than 1 year after the 
        date of enactment of this paragraph, and annually thereafter, 
        publish a list of any referral described in paragraph (1) 
        including, with respect to each referral--
                    ``(A) the date of transmittal; and
                    ``(B) the date and nature of any response by the 
                appropriate official of the foreign country to whom the 
                referral is sent.''.
    (e) Ship Inspections; Reports to Secretary.--Section 8(c) of such 
Act (33 U.S.C. 1907(c)) is amended by adding at the end the following 
new paragraphs:
            ``(3)(A) The Secretary shall make available to the public a 
        toll-free telephone number for reporting violations of the 
        MARPOL Protocol and this Act.
            ``(B) In carrying out this paragraph, the Secretary may--
                    ``(i) enter into a cooperative agreement with the 
                appropriate official of the National Response Center to 
                use the telephone reporting service of the Center to 
                provide for the reporting of the violations referred to 
                in subparagraph (A) under the telephone reporting 
                service; or
                    ``(ii) establish a separate telephone reporting 
                system.
            ``(C) The Secretary shall report to Congress annually on 
        the effectiveness of the toll-free telephone reporting system. 
        Each report shall include--
                    ``(i) the number and types of referral calls 
                related to Annex V of the MARPOL Protocol received; and
                    ``(ii) information regarding any investigations 
                conducted and enforcement actions taken in response to 
                a call described in clause (i).
            ``(4) On receipt of a report from an appropriate official 
        of the Animal and Plant Health Inspection Service of the 
        Department of Agriculture of a ship in violation of this Act, 
        the Secretary shall take such action as is necessary to ensure 
        a follow-up inspection of the ship.''.
    (f) Conforming Amendment.--Section 11(a)(3) of such Act (33 U.S.C. 
1910(a)(3)) is amended by striking ``section 9(e)'' and inserting 
``section 9(f)''.

SEC. 703. MARINE PLASTIC POLLUTION RESEARCH AND CONTROL.

    (a) Compliance Reports.--Section 2201(a) of the Marine Plastic 
Pollution Research and Control Act of 1987 (Public Law 100-220; 33 
U.S.C. 1902 note) is amended--
            (1) by striking ``for a period of 6 years''; and
            (2) by inserting before the period at the end the 
        following: ``and, not later than 1 year after the date of 
        enactment of the Water Pollution Prevention and Control Act of 
        1994, and annually thereafter, shall publish in the Federal 
        Register a list of the enforcement actions taken against any 
        domestic or foreign ship (including any commercial or 
        recreational ship) pursuant to the Act to Prevent Pollution 
        from Ships (33 U.S.C. 1901 et seq.)''.
    (b) Public Outreach Program.--Section 2204(a) of such Act (Public 
Law 100-220; 42 U.S.C. 6981 note) is amended--
            (1) in paragraph (1)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``for a period of at least 3 years,'';
                    (B) in subparagraph (C), by striking ``and'' at the 
                end;
                    (C) in subparagraph (D), by striking the period at 
                the end and inserting ''; and''; and
                    (D) by adding at the end the following new 
                subparagraph:
                    ``(E) the requirements under this Act and the Act 
                to Prevent Pollution from Ships (33 U.S.C. 1901 et 
                seq.) with respect to ships and ports, and the 
                authority of citizens to report violations of this Act 
                and the Act to Prevent Pollution from Ships (33 U.S.C. 
                1901 et seq.).''; and
            (2) by striking paragraph (2) and inserting the following 
        new paragraph:
            ``(2) Authorized activities.--
                    ``(A) Public outreach program.--A public outreach 
                program under paragraph (1) may include--
                            ``(i) developing and implementing a 
                        voluntary boaters' pledge program;
                            ``(ii) workshops with interested groups;
                            ``(iii) public service announcements;
                            ``(iv) distribution of leaflets and 
                        posters; and
                            ``(v) any other means appropriate to 
                        educating the public.
                    ``(B) Consultation.--In developing outreach 
                initiatives targeted at the interested groups that are 
                subject to the requirements of this title and the Act 
                to Prevent Pollution from Ships (33 U.S.C. 1901 et 
                seq.), the Secretary of the department in which the 
                Coast Guard is operating, in consultation with the 
                Secretary of Commerce, acting through the Administrator 
                of the National Oceanic and Atmospheric Administration, 
                and the Administrator of the Environmental Protection 
                Agency, shall consult with--
                            ``(i) the heads of State agencies 
                        responsible for implementing State boating 
                        laws; and
                            ``(ii) the heads of other enforcement 
                        agencies that regulate boaters or commercial 
                        fishermen.
                    ``(C) Grants and cooperative agreements.--To carry 
                out this section, the Secretary of the department in 
                which the Coast Guard is operating, the Secretary of 
                Commerce, and the Administrator of the Environmental 
                Protection Agency are authorized to award grants, enter 
                into cooperative agreements with appropriate officials 
                of other Federal agencies and agencies of States and 
                political subdivisions of States and with public and 
                private entities, and provide other financial 
                assistance to eligible recipients.''.
    (c) Miscellaneous Provisions.--
            (1) In general.--The Marine Plastic Pollution Research and 
        Control Act of 1987 (33 U.S.C. 1901 et seq.) is amended by 
        adding at the end the following new subtitle:

                 ``Subtitle D--Miscellaneous Provisions

``SEC. 2401. APPLICABILITY OF WHISTLE BLOWER PROVISIONS.

    ``Section 2302 of title 5, United States Code, shall apply to any 
employee of the Department of Transportation, the Department of 
Defense, or the Department of Agriculture, as described in subsection 
(a)(2(B) of such section, who carries out any requirement of this Act 
or the Act to Prevent Pollution from Ships ((33 U.S.C. 1901 et seq.).

``SEC. 2402. REPORTS TO CONGRESS.

    ``If the Secretary of the department in which the Coast Guard is 
operating fails to meet a deadline specified in this Act or the Act to 
Prevent Pollution from Ships (33 U.S.C. 1901 et seq.), the Secretary 
shall submit a written report to Congress that explains the reasons for 
the failure.

``SEC. 2403. WASTE MANAGEMENT STUDY.

    ``Not later than 2 years after the date of enactment of the Coast 
Guard Authorization Act of 1994, the Secretary of the department in 
which the Coast Guard is operating, in consultation with the 
Administrator of the Environmental Protection Agency, shall submit to 
Congress a written report that identifies potential improvements of the 
waste management practices at port facilities. The study shall--
            ``(1) characterize wastes as a function of the type, size, 
        number of crew and passengers, and length of voyage of ships;
            ``(2) identify incentives to promote onboard waste 
        management practices on ships, including the use of source 
        reduction, reuse of recycling strategies, incinerators, 
        compactors, pulpers, and shredders;
            ``(3) recommend organizational and business processes 
        required to establish effective and efficient waste management 
        programs, including the design of the roles and 
        responsibilities of all entities involved (including ports and 
        terminals) that would improve the management of shipborne 
        waste; and
            ``(4) investigate positive incentives to including the use 
        of port reception facilities, including potentially prohibiting 
        separate fees for waste disposal.

``SEC. 2404. SENSE OF CONGRESS REGARDING INSURANCE.

    ``It is the sense of Congress that--
            ``(1) certain insurance policies or rules of protection and 
        indemnity clubs that provide insurance for shippers should not 
        provide for the payment of a penalty under the Act to Prevent 
        Pollution from Ships (33 U.S.C. 1901 et seq.); and
            ``(2) the Secretary of the department in which the Coast 
        Guard is operating, acting through the Commandant of the Coast 
        Guard, should consult with the International Maritime 
        Organization to seek to establish international standards 
        prohibiting the issuance of a contract of insurance for the 
        sale of a policy that would provide for the payment of any 
        penalty under the MARPOL Protocol (as defined in section 2(a) 
        of the Act to Prevent Pollution from Ships (33 U.S.C. 1901 
        (a))) to carry out the MARPOL Protocol.

``SEC. 2405. NOTICE OF ARRIVAL.

    ``The owner, master, agent, or person in charge of a vessel shall 
include in the notice of arrival required to be submitted to the 
Captain of the Port of the port or place of destination pursuant to the 
Ports and Waterways Safety Act (33 U.S.C. 1221 et seq.) information 
concerning the intention of the owner, master, or person in charge of 
the vessel with respect to the disposal of onboard waste at the port or 
place of destination.

``SEC. 2406. COORDINATION.

    ``(a) Establishment of Marine Debris Coordinating Committee.--The 
Administrator of the Environmental Protection Agency shall establish a 
Marine Debris Coordinating Committee (referred to in this section as 
the `Committee').
    ``(b) Membership.--The Committee shall include a senior official 
from--
            ``(1) the Environmental Protection Agency, who shall serve 
        as the Chairperson of the Committee;
            ``(2) the National Oceanic and Atmospheric Administration;
            ``(3) the United States Coast Guard;
            ``(4) the United States Navy; and
            ``(5) such other Federal agencies that have an interest in 
        ocean issues or water pollution prevention and control as the 
        Administrator of the Environmental Protection Agency determines 
        appropriate.
    ``(c) Meetings.--The Committee shall meet at least twice a year to 
provide a forum to ensure the coordination of national and 
international research, monitoring, education, and regulatory actions 
addressing the persistent marine debris problem.

``SEC. 2407. MONITORING.

    ``The Administrator of the Environmental Protection Agency, in 
cooperation with the Secretary of Commerce, acting through the 
Administrator of the National Oceanic and Atmospheric Administration, 
shall utilize the marine debris data derived under title V of the 
Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 
2801 et seq.) to assist the United States Coast Guard in assessing the 
effectiveness of this Act.''.
            (2) Amendments to table of contents.--The table of contents 
        in section 2 of the United States-Japan Fishery Agreement 
        Approval Act of 1987(101 Stat. 1458) is amended by adding at 
        the end of the items relating to title II of such Act the 
        following new items:

                 ``Subtitle D--Miscellaneous Provisions

``Sec. 2401. Applicability of whistle blower provisions.
``Sec. 2402. Reports to Congress.
``Sec. 2403. Waste management study.
``Sec. 2404. Sense of Congress regarding insurance.
``Sec. 2405. Notice of arrival.
``Sec. 2406. Coordination.
``Sec. 2407. Monitoring.''.
                                 <all>
```